What is Act No. 167 / 2012 Coll.?

Act No. 167 / 2012 Coll., amending Act No. 499 / 2004 Coll., on archiving and writing services and amending certain laws, as amended, Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended, and other related laws — Act amending Act No. 499 / 2004 Coll., on Archiving and File Service and on the amendment of certain laws, as amended, Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature), as amended, and other related laws.

When it became Act No. 167 / 2012 Coll. effectiveness?

Act No. 167 / 2012 Coll. became effective 01.07.2012.

Is Act No. 167 / 2012 Coll. still valid?

Yes, Act No. 167 / 2012 Coll. is still valid and effective.

Act No. 167 / 2012 Coll.

Act amending Act No. 499 / 2004 Coll., on Archiving and File Service and on the amendment of certain laws, as amended, Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws (Act on Electronic Signature), as amended, and other related laws

Valid Effective from 01.07.2012

ČÁST PRVNÍ Čl. I „§ 18a „§ 18b § 18c „§ 22a „§ 27 „§ 38a „§ 60a § 60b § 60c „§ 68a „§ 78a § 78b „§ 86 Čl. II Čl. III ČÁST TŘETÍ Čl. V ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII ČÁST ŠESTÁ Čl. VIII ČÁST SEDMÁ Čl. IX ČÁST DEVÁTÁ Čl. XI ČÁST DESÁTÁ Čl. XII ČÁST JEDENÁCTÁ Čl. XIII ČÁST DVANÁCTÁ Čl. XIV ČÁST ČTRNÁCTÁ Čl. XVI ČÁST PATNÁCTÁ Čl. XVII ČÁST ŠESTNÁCTÁ Čl. XVIII „§ 73a Čl. XIX ČÁST SEDMNÁCTÁ Čl. XX „§ 6g ČÁST OSMNÁCTÁ Čl. XXI ČÁST DVACÁTÁ Čl. XXIII ČÁST DVACÁTÁ DRUHÁ Čl. XXV ČÁST DVACÁTÁ TŘETÍ Čl. XXVI ČÁST DVACÁTÁ ČTVRTÁ Čl. XXVII ČÁST DVACÁTÁ PÁTÁ Čl. XXVIII ČÁST DVACÁTÁ ŠESTÁ Čl. XXIX ČÁST DVACÁTÁ SEDMÁ Čl. XXX ČÁST DVACÁTÁ OSMÁ Čl. XXXI ČÁST TŘICÁTÁ Čl. XXXIII ČÁST TŘICÁTÁ PRVNÍ Čl. XXXIV ČÁST TŘICÁTÁ TŘETÍ Čl. XXXVI „§ 30a ČÁST TŘICÁTÁ ČTVRTÁ Čl. XXXVII ČÁST TŘICÁTÁ PÁTÁ Čl. XXXVIII ČÁST TŘICÁTÁ ŠESTÁ Čl. XXXIX ČÁST TŘICÁTÁ OSMÁ Čl. XLI ČÁST TŘICÁTÁ DEVÁTÁ Čl. XLII ČÁST ČTYŘICÁTÁ Čl. XLIII ČÁST ČTYŘICÁTÁ PRVNÍ Čl. XLIV ČÁST ČTYŘICÁTÁ DRUHÁ Čl. XLV ČÁST ČTYŘICÁTÁ TŘETÍ Čl. XLVI ČÁST ČTYŘICÁTÁ ČTVRTÁ Čl. XLVII ČÁST ČTYŘICÁTÁ PÁTÁ Čl. XLVIII ČÁST ČTYŘICÁTÁ ŠESTÁ Čl. XLIX ČÁST ČTYŘICÁTÁ SEDMÁ Čl. L ČÁST ČTYŘICÁTÁ OSMÁ Čl. LI

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167

THE LAW

of 25 April 2012

amending Act No. 499 / 2004 Coll., on archiving and file service and amending certain laws, as amended, Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Archiving Act and File Service

Čl. I

Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended by Act No. 413 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 181 / 2007 Coll., Act No. 296 / 2007 Coll., Act No. 32 / 2008 Coll., Act No. 190 / 2009 Coll., Act No. 227 / 2009 Coll. and Act No. 424 / 2010 Coll., are amended as follows:

1. in Paragraph 1 (a):

"(a) the selection and registration of archives,"

2. in Article 2, the following point (b) is inserted after point (a):

"(b) care for archives of their selection, registration, protection, archival processing, storage and accessibility,"

Points (b) to (s) shall be renumbered (c) to (t).

3. In Article 2, at the end of the text in point (d), the words "the document resulting from the originator's activity shall also be considered as a document delivered or otherwise transmitted to the originator."

4. In Article 2 (h), the words "the activity of a natural or legal person, the organisational body of a State or a local authority 'are replaced by the words" the activity of the originator'.

5. in Article 2 (k), "inventory" is replaced by "description."

6. in Article 3 (1), point (n) shall be deleted;

7. in Article 3 (2) (a), the words "entrepreneurs registered in the Commercial Register" are replaced by the words "companies and cooperatives other than housing cooperatives."

8. in Article 3 (2), the following point (c) is inserted after point (b):

"(c) notaries as regards the documents listed in Annex 1 to this Law,"

9. In Article 3, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) Furthermore, the obligation to retain documents and to allow the choice of archives shall be the legal successors of the public and private-law agents, if it is the documents for which they have already been obliged.

(4) In the case of digital documents, their retention shall also mean ensuring the reliability of the origin of the documents, the integrity of their content and legibility, the creation and management of metadata belonging to them in accordance with this Act and the connection of data demonstrating the existence of the document over time. These properties shall be preserved until the archival selection is completed. ';

Paragraph 3 shall become paragraph 5.

10. in Article 7 (1), the second sentence is deleted;

11. in Article 8 (2), the third sentence is deleted;

12. in Article 8 (3), the words "further" shall be inserted after the words "before"; and the words "after" shall be replaced by "before";

13. in Article 9 (1), the words "where documents arising from the activities of the producer whose processor is the legal successor is the processor of the shredder are included in the selection of archives in the shredder's proceedings, such documents shall be included in the list separately."

14. in Paragraph 9 (1), the comma shall be replaced by a dot at the end of point (b) and point (c) shall be deleted;

15. in Article 10 (1), the words "copy" shall be deleted and the words "archive" shall be inserted after the words "determine whose care the documents selected as archives shall belong, and shall be drawn up."

16. in Article 10 (2), point (b) is deleted;

Points (c) and (d) shall be renumbered (b) and (c).

17. in Article 10 (2) (b):

"(b) an indication of the archive designated in accordance with paragraph 1;"

18. In Article 10 (2), the words "; the inventory shall not be provided if the list of documents proposed for the shredding procedure referred to in Article 9 (1) (b) can be used 'are added at the end of the text in point (c).

19. in Paragraph 10 (4), "(d)" is replaced by "(c)";

20. in Article 11 (1), the following point (d) is inserted after point (c):

"(d) the Czech Republic, which was the ownership of them,"

Point (d) shall be renumbered as point (e).

21. Paragraph 11 (2) reads as follows:

"(2) The selection of archival sites outside the shredding process carried out pursuant to paragraph 1 (a) and (c) shall be initiated at the request of the originator or the owner of the documents. Upon request, the originator or the owner of the documents with the relevant archive shall agree on the dates in which the selection of the archives will be carried out outside the shredding process; in the event of cancellation of the originator, of his entry into liquidation or of a declaration of bankruptcy against the originator, he shall request the originator to select the archives outside the shredding procedure without delay. Before selecting archives outside the shredding process, the archive concerned may request from the originator or document owner a list of the documents proposed for the selection of archives, indicating the time of their creation. Where documents arising from the activity of the originator whose processor is the originator referred to in paragraph 1 (a) are also included in the selection of archives outside the shredding procedure, those documents shall be listed separately; The documents referred to in point (c) of paragraph 1 shall be treated mutatis mutandis when the archive is selected. ';

22. in Article 11 (3), the words "and" shall be replaced by a comma after the words "and (e)" shall be inserted.

23. In Article 11, at the end of paragraph 5, the sentence "The establishment of the first sentence shall be without prejudice to the obligations of the cultural scientific institutions referred to in Article 3 in the case of documents arising from their activities."

24. in Article 12 (1) and (2):

"(1) Upon completion of the selection of archives outside the shredding process, the relevant archive shall draw up a report on the selection of archives outside the shredding process and determine whose care the documents selected as archival will belong. If a selection of archives outside the shredding procedure has been carried out at the request of the owner of the document selected as archival, the document may be entrusted to the care of the archive only with the consent of the owner and on the basis of his acceptance with the determination of the care to which the document will belong.

(2) Paragraph 10 (2) (a) and (b) shall apply mutatis mutandis to the content of the Protocol referred to in paragraph 1. ';

25. in Article 12, paragraph 3 is deleted;

Paragraph 4 shall become paragraph 3.

26. In Article 13 (1), the words "to include in the shredding procedure 'are replaced by the words" to select archives to submit'.

27. In Article 13 (2), the words "submit documents for the selection of archives in the shredder's proceedings or outside the shredder's proceedings only with the prior consent of the person who testifies to the protection of secrets' are replaced by the words" submit only documents for the selection of archives designed for elimination and destruction; for other documents, the choice of archives may be made only with the consent of the originator '.

28. In Paragraph 13 (2), after the first sentence, the sentence "If a document has been selected as archival, the originator shall affix it to the archive by a clause indicating the type of secret contained in the document '.

29. in Paragraph 13 (4), the words "in the shredder's proceedings and in the selection of archival materials outside the shredder's proceedings" shall be deleted.

30. Paragraph 13 (5) reads:

"(5) The originator who does not carry out a file service in electronic form in electronic file service systems shall transfer the document in digital form for the selection of archival sites outside the shredding process to the output data format established by the implementing legislation and shall provide it with metadata provided for by the implementing legislation referred to in Article 19 (g), at the latest when preparing the selection of archival sites outside the shredding process. Where the document cannot be translated into a specified data format and is provided with metadata, even in cooperation with the relevant archive, the document shall be transferred by the originator to an analogue form. ';

31. in Article 13 (6), the word "archival" shall be inserted after the word "selection," and the words "in the shredder proceedings or outside the shredder proceedings" shall be deleted;

32. In Article 15 (1), the words "for permanent storage in 'are replaced by the words" and intended for care'.

33. In Article 15, at the end of the text of paragraph 1, the words "including an inventory of the documents transmitted shall be added; for each document in digital format, the data necessary for its search shall be provided '.

34. In Article 15, at the end of paragraph 1, the sentence "The implementing act shall specify the details of the inventory of the documents transmitted in digital form."

35. in Article 15 (2), the words "to be deposited into" shall be replaced by the words "to be treated" and the words "to be treated in that institution" shall be replaced by the words "to be treated in that institution."

36. In Article 15, the following paragraph 3 is inserted after paragraph 2:

"(3) The archives in digital form belonging to the care of the National Archive, the Archive of the Security Services or the State Regional Archives are stored in the National Archive. The archives in digital form belonging to the care of other archives shall be stored in these archives if their founders are authorised to store archives in digital form. If the archive is not authorised to store archives in digital form, the archive in digital form belonging to its care shall be stored in the National Archive or in an archive whose repository is authorised to store archives in digital form (" the digital archive ') by written agreement of the archive promoters. If the archive founder has not concluded an agreement to store the archives, the archives in digital form belonging to his care shall be stored in the National Archive. The competence of the archive under the care of the archive in digital form shall not be affected by its storage in the National Archive or in the digital archive.';

Paragraph 3 shall become paragraph 4.

37. in Article 15 (4), the words "in the shredder procedure or outside the shredder procedure" and the words "or cancellation" shall be deleted;

38. In Article 16 (3), "administration 'is replaced by" care'.

39. In Paragraph 16, the following sentence is added at the end of paragraph 3: "If a document is selected as archival in digital form, it shall be recorded as archival and a reply shall be stored in the National Archive or in the digital archive; a reply means a string of characters identical to the digital document from which it was created for the purpose of care of archival in digital form. ';

40. In Article 16 (4), the words "stored outside archives and cultural scientific institutions' are replaced by the words" which do not belong to the care of archives or cultural scientific institutions'.

41. in Article 16 (5), the words "stored in archives and cultural scientific institutions" shall be replaced by the words "belonging to the care of archives or cultural scientific institutions."

42.Paragraph 17 (2) reads as follows:

"(2) The Ministry will decide, on a proposal from the archive founder, to be excluded from the records of the National Archive Heritage

(a) the archive fund or the archive collection, in order to re-evaluate their importance;

(b) archive fund, archive collection or archive for destruction; in the case of an archive fund, archive collection or archival in digital form, destruction shall also be considered as a breach of their content, loss of their legibility or loss of metadata necessary for handling the archive fund, archive collection or archival in digital form;

43. In Article 17, at the end of paragraph 5, the dot is replaced by a comma and the following point (e) is added:

"(e) the size of the disabled archive fund, archive collection or archival in flats, if the archive fund, archive collection or archive is designed to be disabled in digital form."

44. in Paragraph 18 (1) (c):

"(c) details of who is taking care of the archive, archive collection, archive file or their complete part and where it is stored."

45. Paragraph 18a reads:

„§ 18a

(1) In the event of the disappearance of the public archive, the Ministry shall determine the archive to which the archives shall belong; the identification of the archive prevents the disappearance of the public archive. Archives may be entrusted to the care of the National Archive or the State Regional Archive.

(2) The Ministry will decide, on a proposal from the founder of the private archive, to transfer the archive to the care of another archive. If the transfer of the archive is proposed to the care of an archive other than the National Archive or the State Regional Archive, the Ministry may comply with the proposal if the archive agrees. '

46. The following Sections 18b and 18c are inserted after Paragraph 18a, including the headings:

„§ 18b

Portals for accessing archives in digital form

(1) The digital archives stored in the National Archive are made available in a way that allows remote access through a portal for the accessibility of archives in a digital form, the administrator of which is the National Archive ("the National Portal").

(2) The digital archives which are stored in the digital archive, with the exception of the security archive, are made available in a way that allows remote access through a portal for making archives available in digital form, the administrator of which is the digital archive.

(3) The national portal is a public administration information system.

(4) Through the National Portal, a means of long-distance access is provided

(a) the selection and reception of archives in digital form and their metadata;

(b) keeping and making available the records of the National Archive Heritage;

(d) receiving metadata of descriptions of archives and cultural scientific institutions;

(e) receipt and presentation of archival aids in digital form;

(f) access to archival in digital form and digital documents produced as digital reproduction from archives in analogue form.

(5) Through the portal for making archives available in digital form, remote access is ensured by:

(a) the selection and reception of archives in digital form and their metadata;

(b) access to archival in digital form and documents in digital form resulting from digital reproduction from archives in analogue form.

§ 18c

Management of archival metadata

(1) The national archive, in cooperation with the archive, under the care of the archive in digital form belongs, creates, manages and makes available through the national portal of metadata groups containing:

(a) the basic identification of the archivaly;

(b) a description of the archive,

(2) The digital archive, in cooperation with the archive, to which the archive in digital form belongs, creates, manages, and also makes available, with the exception of the security archive, through the archival portal operated by it, to access the archive in digital form of a metadata group containing:

(a) the basic identification of the archivaly;

(b) a description of the archive,

(3) The Archive, with the exception of the Security Archive, creates, manages and makes available, in cooperation with the National Archive, through the National Portal

(a) the registration of the National Archive Heritage;

(b) description and registration of the originators,

(4) The digital archive, with the exception of the security archive, shall also make metadata groups as referred to in paragraph 3 available through the portal for the accessibility of the archives in digital form to which it is the controller, through a functional search engine with a reference to the national portal.

(5) National archives and digital archives store file and shredder plans.

(6) When the National Archive or the digital archive of the archive is stored in digital form in the care of another archive, it makes data available to that archive in a way that allows remote access to the archive

(a) the change of metadata, data formats and the size of archival in flats;

(b) the breach of the contents of the archive, the loss of its legibility or the loss of metadata necessary for the handling of the archive to the extent that the relevant archive is able to assess whether the facts for the submission of an application for the initiation of an application for the exclusion of the archive from the National Archive Register pursuant to Article 17 (2) are fulfilled. "

47. in Article 19, at the end of point (e), the dot is replaced by a comma and the following points (f) and (g) are added:

"(f) details of the development, management and accessibility of metadata by archival sites;

(g) the extent of the metadata of documents in digital form selected as archival outside the shredding process for originators who do not perform a file service in electronic form in electronic file service systems. ';

48. In Part One, Title II, heading 2 reads:

"Declaration of the Archive for an archival cultural monument or a national cultural monument."

49. Article 20 shall be deleted;

50. in Article 21 (2) (a), the words "where archives are stored" shall be replaced by the words "in whose care archival, archive collection, archive fund or integrated part thereof belongs."

51. in Article 21 (3) (d), the word "state" shall be replaced by the words "state description" and the words "security copies" shall be replaced by the words "copies which, by their characteristics and manner of processing, guarantee the maximum possible available content and material stability for their long-term storage (" security copies ")."

52. in Article 21 (3) (e), the words "or culturally scientific institutions" shall be inserted after the word "archive."

53. The following Section 22a is inserted after Section 22:

„§ 22a

The implementing legislation lays down the method of labelling archives which have been declared an archive cultural monument or a national cultural monument. ';

54. In Article 24 (2) and (4), the words "which does not have archival material stored in the public archive" shall be replaced by "which does not belong to the care of the public archive."

55. in Article 25 (1) (a), the words "care for archival" are replaced by the words "care for archival in analogue form."

56. in Paragraph 25 (1), the following point (b) is inserted after point (a):

"(b) to create a digital document selected as archival of its reply in the data format set out in the implementing legal transcription and to transmit it immediately after the selection of the archives to the National Archive or to the digital archive for storage,";

Point (b) shall be renumbered (c).

57. In Articles 25 (2), 73 (5) and 74 (4), the words "in analogue form" shall be inserted after the word "archival".

58. in § 26 (1), "§ 25, 27, 29, 30 and 32" is replaced by "§ 25 (1) (a) and (c), § 25 (2), § 27, 29, 30 and 32."

59.

„§ 27

(1) At the request of the owner or holder of the archive, who is unable to ensure its proper protection and professional care and whose archives do not belong to the care of the archive, the National Archives or the relevant national archives

(a) provide free professional assistance to the owner or holder of the archive; or

(b) take custody of the archive for a specified period.

(2) If the reasons for which the archive was taken into custody, the National Archive or the State Regional Archive of the archival shall be omitted, it shall immediately issue the archive to the owner or holder upon his request. "

60. In Paragraph 28 (4), "90 'is replaced by" 180'.

61. In Paragraph 30 (3), the words "in which archive cultural monuments or national cultural monuments are stored" are replaced by the words "in whose care archival cultural monuments or national cultural monuments belong."

62. In Paragraph 30 (4), the words "which are not stored in archives or cultural scientific institutions' are replaced by the words" which do not belong to the care of the archive or cultural scientific institutions'.

63. In Article 31 (1) and (3), the words "which do not have an archive cultural monument or a national cultural monument stored in a public archive" shall be replaced by "which does not belong to the care of the public archive."

64. In Section 32 (1) of the introductory part of the provision, the words "does not have an archive cultural monument or a national cultural monument stored in a public archive 'are replaced by the words" whose archive cultural monument or national cultural monument does not belong to the care of the public archive'.

65.In Paragraph 32 (1) (b):

"(b) entrusts an archive cultural monument or national cultural monument for a fixed period to the care of the National Archive, the Archive of the Security Services or the State Regional Archive, but not more than 1 year."

66. Paragraph 32 (2) is deleted.

Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.

67. In Article 32 (2), the words "and does not have an archive cultural monument or a national cultural monument stored in a public archive 'are replaced by the words", its archival cultural monument or national cultural monument is not in the care of the public archive', the word "deposit 'is replaced by the word" trust' and the word "care 'is inserted after the word" fixed term'.

68. Paragraph 32 (3) reads as follows:

"(3) If the owner or holder of an archive cultural monument or national cultural monument is unable, even after the expiry of the period for which that monument has been entrusted to the care of the National Archive, the Archive of the Security Services or the State Regional Archive referred to in paragraph 2, to ensure its proper protection and professional care, the Ministry may decide to keep it in the care of the Archive, including by authority. ';

69. In Paragraph 32 (4), the words "deposited in the National Archive, the Security Services Archive or the State Regional Archive" are replaced by the words "entrusted to the care of the National Archive, the Security Services Archive or the State Regional Archive."

70. In Paragraph 34 (1), the words "stored in archives' are replaced by the words" belonging to the custody of the archives'.

71. in Paragraph 34 (3), the words "where archival is stored" shall be replaced by the words "to whose care archival belongs."

72. In Paragraph 34 (5), the words "where they are permanently stored 'are replaced by the words" under whose care they belong'.

73. In Article 34, the following paragraph 6 is added:

"(6) Inspection of archives in digital form shall take place through a national portal or portals to make archives available in digital form. ';

74. In § 35, the words "citizenship" shall be added at the end of the text under (b).

75. in § 35 (c) and (d):

"(c) the address of the place of residence of the natural person in the territory of the Czech Republic or, where applicable, his residence abroad, the address to which the documents are to be served under a special legislation;

(d) identity card numbers, ';

76. In Paragraph 35, at the end of point (d) comma is replaced by the dot and points (e) and (f) are deleted.

77. In Paragraph 35, the present text becomes paragraph 1 and the following paragraphs 2 and 3 are added:

"(2) In addition, the public archives are entitled to process data on a trading firm or, where applicable, the name, address of the registered office of the legal person for which the inspection takes place, its identification number, if assigned, and the subject of the study, its purpose and the focus of the inspection.

(3) A request for inspection shall be made on the survey sheet. An applicant for consultation shall submit an identity card at the request of the staff member of the public archives in order to verify his personal data contained in the survey sheet. For the purposes of this Act, the identity card shall mean a document which is a public document stating the name and, where applicable, the names and surnames, the date of birth and the address of the place of residence in the Czech Republic or, where applicable, the residence abroad and from which the form is visible, or any other information enabling the applicant submitting the document to be clearly identified as his authorized holder. '

78.In Article 36 (b), the words "the model of the request for inspection 'are deleted.

79.In Paragraph 37 (2) and (3), the words "paragraph 1" and "and (e) and (f)" shall be inserted after the words "35";

80. Paragraph 37 (11) reads:

"(11) The provisions of paragraphs 1 to 3 shall not apply to archivaly arising before 1 January 1990 from the activities of military courts and prosecutors of all grades, security forces under the Act on the Institute for the Study of Totalitarian Regime and the Archive of the Security Offices, as well as to the extraordinary People's Courts, the State Court, the National Court and the Social Organisations and the political parties associated in the National Front, the archives arising from the activities of the authorities of the German occupation administration in the territory of the resigned Reich and the Protectorate of Bohemia and Moravia in the years 1938 to 1945, the archives which were already publicly accessible before the request for consultation, as well as documents which were publicly available before the declaration for archivalie15)."

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Regulation Information

Citation	Act No. 167 / 2012 Coll., amending Act No. 499 / 2004 Coll., on archiving and writing services and amending certain laws, as amended, Act No. 227 / 2000 Coll., on electronic signature and amending certain other laws (Act on electronic signature), as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.05.2012
Effective from	01.07.2012
Effective until	-
Status	Valid

The regulation text is for informational purposes only.